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2015 (9) TMI 439 - AT - Income TaxAddition u/s 68 - assessee received a portion of cash through the will of his father who expired on 28.12.2002 and his aunty who expired on 14.6.2003 - Held that:- We notice that the assessee has a written a letter dated 10-12-2010 before the assessing officer, wherein he has pointed out that the assessing officer is asking for details of the income of the deceased person after expiry of about six years since the demise of the executor of the will. Though the said letter was written in the context of the will executed by the father of the assessee, the same reasoning equally applies to the will written by Smt. Ganga Tarachand Ahuja. The said lady died on 14.6.2003 and the information relating to her income was being sought in December, 2010, i.e., after expiry of about seven years. Hence, the difficulty on the part of the assessee to obtain necessary details, in our view, should be appreciated. However, we notice that the assessee has obtained certificate about availability of agricultural income in the hands of the executors of the will, which in a way substantiates the availability of income. Hence, in the peculiar facts of the case, we are of the view that the tax authorities have rejected the claim of receipt of cash through wills, only on the basis of surmises and conjectures and accordingly we are of the view that the said claim requires to be accepted. we are of the view that the claim of availability of cash as on 31.3.2004 should be accepted in the peculiar facts and circumstances of the case and accordingly there is no justification in assessing the same as income of the assessee. Accordingly, we set aside the order of Ld CIT(A) on this issue and direct the assessing officer to delete the assessment of the impugned cash balance. - Decided in favour of assessee.
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